The Court directed the authorities to release the pending salary of a Staff Nurse who was on maternity leave, stating that the dignity of a woman and the right to life of a newborn cannot be ignored.
The Chhattisgarh High Court has ruled that maternity leave salary cannot be denied to a Staff Nurse merely because she is a contractual employee.
ALSO READ: The Maternity Benefit Act,1961: A Step Towards Better Work-Life Balance For Mothers
The Court directed the authorities to release the pending salary of a Staff Nurse who was on maternity leave, stating that the dignity of a woman and the right to life of a newborn cannot be ignored.
The ruling was delivered by Justice Amitendra Kishore Prasad while allowing a writ petition filed by a contractual Staff Nurse working at the District Hospital, Kabirdham, who was denied salary during her maternity leave despite having proper approval for it.
Background
The petitioner, a Staff Nurse employed on a contractual basis, had applied for maternity leave from January 16, 2024, to July 16, 2024, which was duly sanctioned by the competent authority. She gave birth to a baby girl on January 21, 2024, and after the end of her maternity leave, she rejoined duty on July 14, 2024.
Despite her return, she was not paid her salary for the maternity leave period, particularly from March 17, 2024, to July 3, 2024, which caused severe financial difficulty for her and her newborn child. She made multiple representations, including one to the Chief Health and Medical Officer, Kabirdham (Respondent No.3), but no action was taken.
After hearing both parties, Justice Amitendra Kishore Prasad made it clear that maternity benefits cannot be withheld simply because an employee is working on contract. The High Court observed:
“…salary for the period when the petitioner had gone to maternity leave cannot be denied on the ground that she was serving as contractual employee.”
Further, the Court stated:
“Further considering the case that once the petitioner was granted maternity leave, the respondents are under obligation to release the salary of the petitioner forthwith in respect of the period when she had gone for maternity leave.”
The Bench also referred to important previous decisions such as:
- Dr. Kavita Yadav vs. Secretary, Ministry of Health and Family Welfare Department and others (2024)
- Devshree Bandhe vs. Chhattisgarh State Power Holding Company Limited and others
These cases emphasized that contractual status cannot be a ground to deny maternity leave salary, reinforcing the constitutional and legal rights of mothers.
The Court remarked:
“The right of a new mother and newly born child cannot be curtailed on the whims and capricious of the officer. The dignity of women at carse and the right to life of a newly born child is an important aspect, which cannot be deviated.”
The High Court pointed out that the petitioner was entitled to maternity leave as per Rule 38 of the Chhattisgarh Civil Service Leave Rules, 2010. Therefore, the denial of her salary was not only unjust but also a violation of existing service rules and constitutional guarantees.
While allowing the writ petition, the High Court passed the following direction:
“…pass an appropriate orders in respect of petitioner’s claim for unpaid salary for the period from 17.03.2024 to 13.07.2024 (total four months) during the maternity leave that she has availed between 16.01.2024 to 16.07.2024, at the earliest preferably within a period of three months…”
- Advocate Shrikant Kaushik represented the petitioner.
- Advocate General Prafull Bharat appeared for the State and official respondents.
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